Bay Area Harassment Attorneys
Workplace harassment is one of the most serious and underreported problems facing employees today. It can take many forms: unwanted physical contact, demeaning comments, threats tied to job security, or the quiet retaliation that follows after someone speaks up. Whatever form it takes, harassment causes real harm: to individuals, to workplace culture, and to people’s livelihoods.
California has some of the strongest workplace protections in the country. Yet many employees still don’t know what legally qualifies as harassment, what steps to take after it happens, or when it’s time to call an attorney. If you’re in that position right now, Bryan Schwartz Law, P.C. can help. Our civil rights employment law firm maintains a singular commitment: protecting workers. We have successfully litigated individual and class action complaints nationwide, recovering tens of millions of dollars for tens of thousands of employees.
Who We Serve
We represent employees across a wide range of workplace harassment situations. If any of the following scenarios sound familiar, our team is ready to hear your story.
- Employees experiencing unwanted sexual conduct at work: You are dealing with unwanted sexual comments, jokes, gestures, messages, or physical conduct, whether it happens in person or through work-related digital channels like email, texts, or chat platforms.
- Employees pressured by someone in authority: A manager, supervisor, or employer has implied, directly or indirectly, that your job, schedule, raise, promotion, or continued employment depends on accepting sexual attention or requests for sexual favors.
- Employees whose reports were ignored or who faced retaliation: You reported harassment or rejected unwanted conduct, but your employer minimized the issue, moved you instead of the harasser, or allowed the behavior to continue. You may have also experienced discipline, demotion, exclusion, or termination after speaking up.
- Employees facing harassment based on gender identity or sexual orientation: You are facing slurs, outing threats, offensive comments, or harassment tied to your sexual orientation, gender identity, or gender expression, whether from a supervisor, coworker, or client.
Each of these situations may give rise to a valid legal claim under state or federal law. If you’re unsure whether your experience qualifies, that’s exactly the kind of question our team can help you answer.
California Harassment Laws
State law provides employees with broad legal protections against workplace harassment. The primary laws include:
- The California Fair Employment and Housing Act (FEHA) prohibits harassment based on protected characteristics, including sex, race, national origin, religion, disability, age, sexual orientation, and gender identity. FEHA applies to employers with 5 or more employees and covers both employees and contractors.
- Title VII of the Civil Rights Act of 1964: The federal counterpart to FEHA, prohibiting harassment based on sex, race, color, national origin, and religion. Title VII applies to employers with 15 or more employees.
- California’s SB 1343: Requires employers with 5 or more employees to provide sexual harassment prevention training to all employees, not just supervisors.
Under the law, harassment generally falls into 2 categories: hostile work environment harassment and quid pro quo harassment. Hostile work environment harassment occurs when conduct is severe or frequent enough to fundamentally alter the conditions of your employment. Quid pro quo harassment involves someone in a position of authority conditioning job benefits on acceptance of unwanted sexual conduct.
Steps Involved in Filing a Claim
Filing a harassment claim typically involves the following steps:
- Step 1: Document the harassment: Keep detailed records of incidents, including dates, times, locations, what was said or done, and who witnessed it. Save any relevant messages, emails, or other communications.
- Step 2: Report internally: Use your employer’s complaint procedures, HR, a supervisor, or another designated channel to report the harassment. This step can be important for your legal claim.
- Step 3: File a complaint with the CRD or EEOC: You can file a complaint with the Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). There are strict filing deadlines: generally 3 years from the date of harassment for CRD complaints and 300 days for EEOC complaints.
- Step 4: Obtain a right-to-sue notice: Before filing a lawsuit, you typically need a right-to-sue letter from the CRD or EEOC. Our team can guide you through this process.
- Step 5: Speak with an employment attorney: An attorney can evaluate your claim, advise on your legal options, and represent you through settlement negotiations or litigation.
Acting quickly is important. Missing a filing deadline can affect your ability to pursue a claim, so don’t wait to seek legal advice.
Why Choose Bryan Schwartz Law, P.C.?
Choosing the right attorney for your case can be challenging. At Bryan Schwartz Law, P.C., we bring distinct experience to each case we take on, helping clients seek a favorable resolution to their situation:
- A Proven Track Record: Our firm has recovered tens of millions of dollars for workers in individual and class-action cases.
- Exclusive Representation of Workers: We represent employees, never employers. That means our interests are always aligned with yours.
- Experience Across All Levels: From Fortune 500 employees to federal workers facing Merit Systems Protection Board proceedings, our team has handled complex cases at every level of government and industry.
- Recognized Legal Excellence: Our founding attorney has been named a Super Lawyer, recognized by Best Lawyers, Lawdragon, and the Daily Journal as a leading plaintiff-side employment and civil rights attorney in California.
Our clients consistently note that our team is responsive, thorough, and deeply invested in their outcomes. We deeply care about fairness and justice, making our practice a reliable choice for employees facing sensitive situations.
You Don’t Have to Face This Alone
Workplace harassment is serious, and state law gives employees real tools to fight back. If you are experiencing unwanted sexual conduct, being pressured by someone in authority, facing retaliation for speaking up, or dealing with harassment tied to your identity, you have rights, and there are deadlines for protecting them.
Bryan Schwartz Law, P.C. has spent decades standing beside workers in situations just like yours. Our team brings the experience, dedication, and track record to take on employers of any size. If you believe you have been subjected to illegal harassment at work, contact us today to discuss your options.
FAQs About Workplace Harassment in California
Yes. California law protects employees from harassment by supervisors, coworkers, clients, and other third parties connected to the workplace. However, an employer’s liability may vary depending on whether the harasser held a supervisory role. An employment attorney can help assess how this affects your specific claim.
Document everything as soon as possible. Write down what happened, when and where it occurred, who was involved, and whether anyone witnessed it. Save any relevant messages or communications. Then report the conduct through your employer’s internal complaint process, as this step is often legally significant, and consider contacting an employment attorney.
No. Retaliation against an employee for reporting harassment, participating in an investigation, or refusing unwanted conduct is independently unlawful under both California and federal law. If you have experienced demotion, termination, schedule changes, or other adverse actions after speaking up, you may have both a harassment and a retaliation claim.
Depending on the facts of your case, recoverable damages may include lost wages and benefits, emotional distress damages, punitive damages (in cases of egregious conduct), and attorney’s fees. California law also allows for injunctive relief, which can compel an employer to change unlawful practices.
No. Physical contact is not required for conduct to constitute illegal harassment. Verbal harassment, including sexual comments, slurs, threats, or repeated unwanted messages, can form the basis of a valid claim if it is severe or persistent enough to create a hostile work environment.